Kasukuwere challenges electoral act

Former Zimbabwean Cabinet minister, Saviour Kasukuwere, has taken legal action by filing an urgent application
in the High Court.

Kasukuwere seeks the annulment of Statutory Instrument 140A of 2023, which introduced amendments to the Electoral Act concerning postal voting.

This follows the gazetted S1 140 which was by the Zimbabwe Electoral Commission (ZEC) on August 3 which
amended section 75 (1)(d) of the Electoral Act in a bid to allow the Chief elections officer to receive postal voters not later than three days of the voting day taking a paradigm shift from the fourteen days.

According to ZEC part of the gazette effected a change from fourteen days to three days for chief elections officer to
receive postal voters.

“For the purposes of the 2023 general elections to be held on 23rd August, 2023, the period specified in section 75(1)(d) of the Electoral Act is altered from “not later than noon on the fourteenth day before polling day. . . “to “not
later than noon three days before polling day…”, reads part of the gazette.

In filling an urgent court application to nullify he amendment, the self exiled former cabinet minister argued that the SI violated section 157(5) of the Constitution which states that after an election date has been pro- claimed, no amendment will be made to the electoral law.

“May this court declare it unconstitutional as it has jurisdiction to do so as per Section 171 of the Constitution,” Kasukuwere said in his founding affidavit.

“It was going to be different if the said Statutory Instrument was to be used for a different election. However the
instrument clearly shows that the intention of its maker was to take effect for the forthcoming election.”

The politician cited ZEC, Attorney General, Justice minister Ziyambi Ziyambi and President Emmerson Mnangagwa as respondents in the matter.

Zimbabwe is set to hold it’s general elections this month with Kasukuwere still battling to be returned on the
voter’s roll in a bid to contest in the presidential race after the High Court nullified his presidential candidature on
grounds of an Electoral Act which says that if one spends eighteen months out of the country he or she is not eligible to vote or to be voted for in the Electoral process.

Leave a Reply